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(영문) 수원지방법원 2020.11.19 2020고단3300

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 00:51 on May 16, 2020, the Defendant driven a motor vehicle of Al Pintop while under the influence of alcohol content of 0.147 percent from “Cink” in the Pink City B to “D in front of the same city.”

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) a criminal defendant repeats a crime despite the fact that the criminal defendant had been punished once due to drunk driving; (b) a blood alcohol concentration high; and (c) a traffic accident is committed under the circumstances unfavorable to the criminal defendant; (d) a criminal defendant recognizes the crime; and (e) a criminal defendant is seriously against the criminal defendant; (e) a traffic accident involving the damage of his/her vehicle; (e) a criminal record of the above drunk driving is a criminal record of a fine of 2008; and (e) a criminal record of the above drunk driving is a criminal record of the 208 year; and (e) a